Also known as: false testimonies · perjured testimony
Written by attorneys · grounded in primary & secondary sources — see below
Testimony given under oath or affirmation that the witness knows to be untrue. The concept requires knowing falsity and applies when a witness or lawyer participates in presenting such statements in a proceeding.
Francesca Fowler tells her defense lawyer she wants to present an alibi witness who will falsely claim Fowler was out of state during the charged robbery. The lawyer refuses to call the witness and warns Fowler that presenting the testimony would require disclosure to the court. The lawyer's refusal prevents any violation of ethical duties and preserves the integrity of the trial record.
Felix Franco testifies at trial that he inspected safety equipment the week before an accident. Later evidence shows the inspections were four months overdue. The contradiction establishes that Franco gave false testimony on a material fact, allowing impeachment and affecting the credibility determination.
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Yes. A lawyer violates professional conduct rules by counseling or assisting a witness to testify falsely. The rule applies during deposition preparation and trial advocacy. Conduct that substitutes minimizing language contradicting the witness's own prior documentation supports a finding of discipline.
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No. A subordinate lawyer has an independent duty to comply with the rules and cannot escape responsibility by claiming a supervisor directed the conduct. Knowing false statements under oath remain sanctionable even when a partner instructs the lawyer to rely on a backdated file copy.
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Yes. A person who has given false testimony for the purpose of obtaining benefits under the Act cannot be found to be a person of good moral character. The bar applies even to statements that are immaterial to the ultimate decision.
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Yes. A lawyer shall not knowingly make a false statement of fact to a tribunal or fail to correct a false statement of material fact previously made. The duty continues until the proceeding concludes and requires disclosure of subsequently discovered inaccuracies.
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